Cost is usually the first practical question once someone decides they might have grounds to contest a will. The honest answer is that it varies significantly depending on how the claim is run and how far it goes — but there are patterns worth understanding before you commit to anything.
What Drives the Cost
- Whether the matter settles early through negotiation, or proceeds to a defended hearing
- The complexity of the estate — a straightforward estate is cheaper to litigate than one with trusts, business interests, or property in multiple jurisdictions
- Whether expert evidence is required, such as medical reports for a capacity claim
- How cooperative the other parties and the estate’s executors are
- The specific ground the claim is based on — some grounds require more evidence-gathering than others
How Fees Are Typically Structured
Most estate litigation matters are billed hourly, with an initial consultation used to assess the merits of the claim before significant costs are incurred. Some firms offer a fixed fee for the initial assessment stage, moving to hourly billing once a claim proceeds. It’s worth asking directly about fee structure before engaging a lawyer, since estate litigation costs can escalate quickly once a matter is defended.
Can Costs Be Recovered From the Estate?
In some family provision claims, a successful claimant’s legal costs can be paid out of the estate, which reduces the financial risk of bringing a claim. This isn’t guaranteed, and courts have discretion over costs orders, but it’s a meaningful factor in the overall cost-benefit calculation and worth discussing early with your lawyer.
Is It Worth the Cost?
This depends heavily on the size of the estate and the strength of your claim. A claim with strong prospects against a substantial estate is a very different proposition to a marginal claim against a modest one. Our guide on your chances of successfully contesting a will is a useful starting point for weighing this up before you spend on legal fees.
Reducing Unnecessary Cost
- Get an early, honest assessment of your prospects before committing to a full claim
- Confirm you have standing to contest the will before spending on evidence-gathering
- Where possible, pursue negotiation and mediation before a defended hearing
- Gather available documents (the will, prior wills, relevant correspondence) before your first consultation to make it more efficient
How Agile Legal Can Help
We provide an upfront, transparent assessment of both the merits and the likely cost of a claim before you commit to anything, as part of our will contest and estate litigation services. If you’re still confirming whether you’re eligible to bring a claim, start with our guide on who can contest a will, or explore the specific grounds for contesting a will in New Zealand.
Get in touch with our estate litigation team for a confidential, no-obligation assessment of your situation and likely costs.
This article provides general information only and does not constitute legal advice or a fee quote. Every claim depends on its specific facts — speak with a lawyer about your circumstances.